Kurt discussed ITD’s proposal to eliminate dial up connectivity in all locations except Bismarck and the 800 number and proposed that we: 1) eliminate dial up ID’s that nave not been used since
January 1, 2003; 2) configure dial up computers to use the Bismarck number and the 800 number; 3) Do not allow dial-up connectivity as the primary connectivity type for personal use.

Judge Medd/Penny Miller moved/second to approve the proposal with the assumption that all users are notified in advance of the intent to discontinue service and allow them to request to keep the dial up access. The motion passed.

Kurt will implement the proposal and motion.

The group was once again joined by members of the electronic access subcommittee, including Mike Hagburg, Jim Loomis of the Credit Bureau of Fargo, Pam Crawford of the Department of Human Services, and Jack McDonald of Wheeler Wolf Law Firm for the purposes of discussing the rough draft created by Mike Hagburg.

Electronic Access to Court Records.

Mr. Hagburg explained to the group that he created the draft document by combining elements of current policies 213 and 215 with the model policy from the National Center for State Courts.

The following changes were made to the document:

It was moved/second to delete from line 6 “This rule provides for access in a manner that…” through line 21 and renumber accordingly. The motion passed

It was moved/second that a source note indicating that section came from the CCJ/COSCA guidelines. The motion passed.

Judge Leclerc/Judge Nelson moved/second to delete the word “local” from line 96. The motion passed.

Penny Miller/Jack McDonald moved/second to replace the words “pursuant to sections” from line 132 and all of line 133 and replace with the words “this rule”. The motion passed.

Penny Miller/Jack McDonald moved/second to add the word “or” between the words “law” and “court” on line 142. The motion passed.

Judge Leclerc moved to delete lines 143 and 144. The motion died for lack of a second.

The committee asked if Mr. Schmidt could provide an overview of how the process of acquiring information may work, how to apply, suggested fees, technical hurdles etc. Mr. Schmidt said he
will distribute a rough draft of how the concept could work.

It was moved and second to delete “(a partial list is contained in the appendix to this rule)” from
lines 204 and 205 and to reserve space in the rule to include the list at this location. The motion passed.

The committee asked that Kurt Schmidt or Mike Hagburg create appropriate language for lines
222 and 223 that reflect things such as Law clerk communications, works in progress, bench memos, judge’s notes, draft documents and other not-yet-final documents.

The committee asked, and Jack McDonald agreed to provide appropriate language around lines 235 through 265.

Penny Miller/Ted Gladden moved/second to replace “established by the court” with “normal business hours” on lines 267-268.

Penny Miller/Ted Gladden moved/second to delete from lines 269-270 “for access at least during the hours established by the court for courthouse access, subject to unexpected” with “subject to normal business hours, and subject to”. The motion passed.

Judge Nelson moved to delete section 8. The motion died for lack of a second.

The committee asked Mr. Schmidt to work with Mr. Hagburg on the changes identified.